Digital Commons Network^™

Miscarriage Of Justice: The Cognizability Of § 2255 Claims For Erroneous Career Offender Sentences, Matthew B. Rosenthal

Georgia Law Review

Career offender sentencing enhancements present difficult questions for courts. One of the most difficult of these questions is deciding what crimes warrant the application of these serious enhancements. Federal courts sentencing defendants often must decide, with little guidance, what offenses constitute a "crime of violent" or "violent felony." On a few occasions, the Supreme Court has stepped in and told lower courts that certain crimes do not fit within these categories, and that their interpretation of the career offender enhancement is incorrect. Often, the recognition of this misapplication of the enhancements occurs years after an individual defendant has been convicted, …

A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.

Georgia Law Review

As law firms and their corporate clients continue to expand into different legal jurisdictions, and since the conflict of one attorney is imputed to the attorney's firm, the potential for conflicts of interest increases. A law firm retained to advise a corporate subsidiary in a minor matter in one state may be disqualified from another, more significant matter in a different jurisdiction if the potential client is adverse to the parent company in the initial representation. Without a method for prospective waiver of conflicts, a law firm's only recourse is seeking the consent of the currently represented client. To avoid …

Employer Escape Hatch Closed In Georgia: How The Interpretation Of Georgia's Apportionment Statute In Zaldivar Prohibits Employers From Using Respondeat Superior To Eschew Direct Negligence Claims, Michael D. Alfano Jr.

Georgia Law Review

In Zaldivar v. Prickett, Prickett (plaintiff)was working on behalf of his employer (Overhead Door) when he collided with Zaldivar (defendant). Zaldivar filed a "Notice of Fault of Nonparty" under Georgia's apportionment statute; this had to effect of requiring a jury to consider the fault of Overhead Door, which had recently received three anonymous phone calls complaining about Prickett's driving. The Georgia Supreme Court held that Georgia's Apportionment statute required that fault be assigned to Overhead Door, despite Prickett's inability to recover from Overhead Door. In this Note, I vary the facts of Zaldivar: Zaldivar becomes Klutzy Kellie; Prickett becomes Prudent …

Best To Be Seen And Heard: A Child's Right To Appeal Termination Of Parental Rights, Anne E. Goodgame

Georgia Law Review

Children are extremely vulnerable members of society, especially when they are involved in family court cases, such as dependency or termination of parental right's hearings. Fortunately, a growing awareness of the legal rights of children has led to children being deemed parties to these family court cases, being appointed an attorney, and being granted the right to be present and voice their opinions. However, children are still being denied the ability to take complete advantage of the rights due to them as parties to the legal proceeding, specifically the right to appeal the family court judge's order to terminate the …

Table Of Contents

Georgia Law Review

No abstract provided.

A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, Emily V. Cox

Georgia Law Review

On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of …

Privileging Professional Insider Trading, Sarah Baumgartel

Georgia Law Review

This Article explores insider trading law's increasing
focus on personal relationships, and the way in which the
law has come to privilege professional over
nonprofessional insider trading. The Article discusses
how, in an effort to expand insider trading liability, the
government has sought to impose legal duties of loyalty
and confidentiality on a host of personal relationships not

otherwise subject to law-effectively basing civil and
criminal penalties on "corruption" in purely personal
relationships. At the same time, courts have adopted a
business property rationale regardingthe use of nonpublic
information and declined to prevent companies from
disclosing valuable nonpublic information to …

Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.

Georgia Law Review

The Supreme Court's general approach to statutory
interpretation is analytically incoherent. On the one
hand, the Court has expressly endorsed "textualism":
enforcing the plain meaning (i.e., ordinary usage) of a
statute's words, and therefore refusing to consider non-
textual evidence unless the language is unclear. On the
other hand, the Court has implicitly applied
'oragmatism"-reaching the best practical result after
examining not only a statute's text but also Congress's
intent (as revealed by legislative history), its overall
purposes, precedent, and policy.
The two cases upholding the Affordable Care Act (ACA)
illustrate this practice of purporting to follow textualism,
but then …

Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld

Georgia Law Review

Beards have always played an important role in human
society, especially in the religious context. One man's
beard even got him in front of the United States Supreme
Court. In Holt v. Hobbs, the Court decided that a prisoner
had a constitutional right to grow a one-half-inch beard
for religious purposes. In making the decision, the Court
made clear that the prisoner's religious interest far
outweighed any security threat that such a short beard
could pose to the prison. The Court declined to go any
further, however, in clarifying the beard length at which
the scales would begin to tip …

Cybersecurity On My Mind: Protecting Georgia Consumers From Data Breaches, Maggie L. Mcmichael

Georgia Law Review

In a world where vast amounts of personal information
are obtained and stored by countless organizations and
businesses in the public and private sector, data breaches,

due to negligence or nefarious hacking, are a far too
common occurrence. The results of a data breach can be
serious and widespread, from public humiliation to
identity theft and national security crises. In an effort to
protect consumers from the potentially devastating effects
of data breaches, the Federal Trade Commission has
begun to take enforcement action against businesses whose
data security practices are alleged to be unfair and
deceptive. Theoretically, states can take …

Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson

Georgia Law Review

As the growth in demand for egg donors is met with an
increasing number of women willing to supply their eggs,
changes need to be made to the way egg donors, and other
similarly situated workers, are classified in the
employment context. Most donor contracts are employer-
created forms that designate the donors as independent
contractors and thus spare the clinic the duty of providing
employment benefits. Unlike other on-demand service
providers, such as Uber-drivers, that have recently sought
re-classification as employees, women who donate eggs are
subject to physically invasive procedures and long-term
health risks that particularly obviate the …

Antecedents Of Emotional Labor And Job Satisfaction In The Hospitality Industry, Valeriya Shapoval

Electronic Theses and Dissertations

It is a general policy in the hotel industry that all the service should be provided in the friendly and a professional manner. The first smile of a front desk clerk or a wait staff can make a difference in customer satisfaction and loyalty. A service quality is becoming more important with increase of competitiveness among hotels and hotel brands. A process of regulating positive emotions for an organization is called Emotional Labor (EL) (Grandey, 2000). While essential for the hospitality industry, empirical research on EL is very limited, and research on EL during stressful situations is almost nonexistent. To …

Tourist Responses To Potential Climate Change Impacts And Adaptation Measures In Florida's Coastal Destinations, Roberta Atzori

Electronic Theses and Dissertations

Some of the most vulnerable areas across the world have started experiencing the consequences of climate change, with action to deal with it long overdue. Florida, one of the most visited tourist destinations in the world, holds one of the most 'unenviable' positions in terms of its vulnerability to climate change with the effects already visible, particularly on its coastal areas. Climate is one of the major factors in affecting travel motivations and destination choice, and as such the implications of climate change for tourist behavior and demand patterns are significant. Beside the physical impacts of climate change, society's perception …

The Role Perception Of Organizational Citizenship Behavior In The Japanese Hospitality Industry: Culture-Based Characteristics And Generational Difference, Yoko Negoro

Electronic Theses and Dissertations

Although a substantial amount of research on Organizational Citizenship Behavior (OCB) has been conducted, little is known about it within the context of the Japanese hospitality industry. While OCB is generally considered to be beyond ordinary job duties (extra-role), some researchers suggest that Japanese employees view OCB as part of their job (in-role). However, theoretical explanation for this phenomenon is still scant. This research aims to examine how culture-based organizational characteristics (workplace harmony and customer orientation) and generation influence the role perception of OCB among Japanese hospitality employees. An online survey was developed and distributed to hospitality employees working in …

The Influence Of Urban Development Dynamics On Community Resilience Practice In New York City After Superstorm Sandy: Experiences From The Lower East Side And The Rockaways, Leigh Graham, Wim Debucquoy, Isabelle Anguelovski

Publications and Research

While (urban) resilience has become an increasingly popular concept, especially in the areas of disaster risk reduction (DRR) and climate change adaptation (CCA), it is often still used as an abstract metaphor, with much debate centered on definitions, differences in approaches, and epistemological consider- ations. Empirical studies examining how community-based organizations (CBOs) “practice” resilience on the ground and what enables these CBOs to organize and mobilize around resilience are lacking. Moreover, in the growing context of competitive and entrepreneurial urbanism and conflicting priorities about urban (re)development, it is unclear how urban development dynamics influence community- based resilience actions. Through empirical …

Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim

Faculty Publications

No abstract provided.

Ain't Misbehavin': Phenomenological Inquiry Into Black Male Experiences Of School, Kelly N. Ferguson

Dissertations

Disproportionate representation of Black male students in subjective areas of discipline has long been documented. Research indicates that racial disparities in discipline have been found with insufficient evidence to support that Black or other minority students are simply misbehaving more than others. Differences in cultural orientations between Black males and their predominantly White and female teachers have been linked to bias that disproportionality impacts discipline for these students. Through phenomenological inquiry, this study explored the schooling, professional, and mentoring experiences of successful Black men to better understand how schools and communities contribute to their resilience. This research sought to uncover …

The Seat Of Justice In The House Of Love: Toward An Ecclesial Theory Of Justice, James Grant Gholson

Dissertations

ABSTRACT

This dissertation is an extension of the ongoing conversation about justice within Christian ethics from a postliberal perspective. Beginning with an account of Christian ethical methodology centered on the grammar of the Christian “language-game” that is both shaped by, and which mediates, the communal reading of scripture, the dissertation argues that Christian discipleship, as a teleological enterprise governed by the normativity of the life, death, and resurrection of Jesus, consists in the communal representation of Christ’s own faithfulness to God as a public witness over against the reign of the “principalities and powers” of the world. Applying Iris Marion …

The Role Of Microrna In Cardioprotection: Ischemic Preconditioning And Mesenchymal Stem Cell Paracrine Effects, Kristin Luther

Dissertations

Changes in gene expression and protein levels are an important aspect of cardioprotection in which short non-coding RNA known as miRNA may play a key regulatory role. We investigated the functions of several miRNAs in the context of two cardioprotective stimuli, ischemic preconditioning (IPC) and mesenchymal stem cell (MSC) paracrine effects. We hypothesized that downregulation of a set of miRNAs (miR-148a/b, miR-30b, and let-7a*) augments expression of protective heat shock proteins during IPC, and that MSC exosomes transfer miR-21 to cardiomyocytes, resulting in downregulation of pro-apoptotic genes and reduction of infarct size.

IPC increased the level of Hsp70, Hsp90, and …

Missing Data In The Context Of Student Growth, Katherine Wright

Dissertations

One property of student growth data that is often overlooked despite widespread prevalence is incomplete or missing observations. As students migrate in and out of school districts, opt out of standardized testing, or are absent on test days, there are many reasons student records are fractured. Missing data in growth models can bias model estimates and growth inferences. This study presents empirical explorations of how well missing data methodologies recover attributes of would-be complete student data used for teacher evaluation. Missing data methods are compared in the context of a Student Growth Percentiles (SGP) model used by several school systems …

Habermas And Public Reason In The Digital Age: Technology And Deliberative Democracy, Asaf Bar-Tura

Dissertations

Scholars defending the deliberative model of democracy have focused much of their attention on argumentation and criteria for offering public reasons in deliberative processes, but have paid little attention to the ways in which digital technologies mediate such deliberations. Conversely, critical theorists of technology have emphasized the socially determined nature of technology, but have lacked a theory of democracy through which to normatively assess technologies that mediate public discourse. Through a reworking of Jürgen Habermas’s discourse-based theory of democracy, my research provides a new understanding of the flows of political communication and power in the democratic public sphere and the …

Regulation Of The Subunits Of Hypoxia Inducible Factors By Sprouty2 And Its Impact On Different Biological Processes, Kristin Caroline Hicks

Dissertations

The hypoxia inducible factors (HIF1α, HIF2α, HIF1β) promote transcription of genes that regulate glycolysis and cell survival and growth. Sprouty2 (Spry2) is a modulator of receptor tyrosine kinase signaling and inhibits cell proliferation via different mechanisms. Because of the seemingly opposite actions of the HIF and Spry2 on cellular processes, we hypothesized that Spry2 decreases the protein levels of HIF1α, HIF2α and HIF1β by enhancing the proximity of the HIF subunit to an ubiquitin ligase capable of degrading the subunit. Focusing on HIF1α as a prototypical alpha subunit, in a variety of tumor derived cell lines, Spry2 decreases the protein …

The Chilean Student Movement: A Family Matter. The Intimate And Conflicting Construction Of Revolution In A Post Dictatorial Country, Leslie Parraguez Sanchez

Dissertations

In 2011, thousands of students filled the main streets and occupied most educational establishments of Chile to demand a profound transformation of the educational system – one of the main reforms of Pinochet’s government. Like students in many other countries, the Chilean Student Movement has been struggling against the pervasive effects of neoliberalism on the higher educational system, aiming to recover the public sense of education. Students from all over the country began to organize to struggle against profits in the higher education system. In doing so, students denied the very core of the neoliberal economic system and deeply (re)politicized …

Inhibition Of B Lymphopoiesis By Adipocytes And Myeloid-Derived Suppressor Cells, Domenick Kennedy

Dissertations

B lymphopoiesis declines with age in humans, mice, and rabbits. Impaired B lymphopoiesis correlates with increased fat in the bone marrow (BM), suggesting that adipocytes negatively regulate this process. In fact, adipocyte factors were found to inhibit B cell development in BM cultures.

Our goal was to understand the mechanism by which adipocytes inhibit B cell development. Through culturing mouse BM cells on OP9 stromal cells in the presence of adipocyte-conditioned medium (ACM), we found that adipocytes promote the accumulation of CD11b+Gr1+ myeloid-derived suppressor cells (MDSCs). These cells were not simply bystanders, as we report for the first time that …

How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon

Faculty Scholarship

This Article presents a case study of a corporate governance innovation — the incentive compensation arrangement for activist-nominated director candidates colloquially known as the “golden leash.” Golden leash compensation arrangements are a potentially valuable tool for activist shareholders in election contests. In response to their use, several issuers adopted bylaw provisions banning incentive compensation arrangements. Investors, in turn, viewed director adoption of golden leash bylaws as problematic and successfully pressured issuers to repeal them. The study demonstrates how corporate governance provisions are developed and deployed, the sequential response of issuers and investors, and the central role played by governance intermediaries …

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …

Foreign Investors In U.S. Mutual Funds: The Trouble With Treaties, Jeffrey M. Colon

Faculty Scholarship

The United States is generally a tax haven for foreign portfolio investors: the United States exempts from tax most U.S. source interest and capital gains, but taxes dividends from U.S. companies; tax treaties generally eliminate U.S. tax on interest and reduce the 30% statutory rate on dividends. Foreign investors in U.S. mutual funds have not been treated as favorably. Fund distributions (other than of net capital gains) were originally treated as taxable dividends, regardless of the fund’s underlying income. Interest or short-term capital gains earned by the mutual fund — which would have been tax exempt if directly earned by …

Invisible Taxpayers, Linda Sugin

Faculty Scholarship

The paradigm tax dispute involves a taxpayer on one side and the government on the other. In that traditional dyad, only the taxpayer matters, even though the interrelatedness of taxpayers across the fiscal system means that the outcome of any one dispute often affects the interests of many other taxpayers. Yet everyone else is invisible to the legal system, without enforceable rights in the administrative or judicial structure. This article focuses attention on such invisible taxpayers and what justice for them would require. It proposes a theory of tax injury that is determined by “legal shares” and argues that conventional …

The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene

Faculty Scholarship

In Walker, the Court deemed Texas’ specialty license plate program government speech, and thus applied no First Amendment review to the state’s refusal to allow a Confederate battle flag specialty plate, even though the reason for the refusal was that the plate was offensive. The dissent considered this unconstitutional viewpoint discrimination in a limited public forum. This article argues that the Walker result was correct, but for the wrong reason. Government should have the power to forbid hateful or vulgar speech from limited public forums such as specialty or vanity license plates, transit ads, and after-school extracurricular activities, even though …

Inherent National Sovereignty Constitutionalism: An Original Understanding Of The U.S. Constitution, Robert J. Kaczorowski

Faculty Scholarship

No abstract provided.